TYAGI, J.—Petitioner Ratanlal was convicted under sec. 4/9 of the Opium Act by the learned Sub-Divisional Magistrate, Begun and was awarded a sentence of 1-1/2 years rigorous imprisonment and a fine of Rs. 500/- ; in default of payment of fine to further undergo rigorous imprisonment for a period of four months. On appeal, the learned Sessions Judge, Partabgarh, by his judgment dated 22.12.1962 maintained the conviction of the petitioner, but reduced the sentence of imprisonment to three months and that of fine to Rs. 200/- and it was ordered that in default of payment of fine, petitioner shall undergo rigorous imprisonment for a month. It is against this judgment of the learned Sessions Judge that the present revision petition has been filed by the petitioner. When the revision petition of the petitioner came for admission before a Single Judge of this Court, it was ordered that a notice be issued to the petitioner why his sentence should not be enhanced. The notice for the enhancement of sentence was, therefore, issued and registered as D. B. Criminal Revision No. 276 of 1963. It is under these circumstances that these revision petitions have come before this Bench.

2. The prosecu

Click Here to Read the rest of this document